Release & Agreement

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Release & Agreement

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InkTip.com
P.O. Box 12418
La Crescenta, CA 91224
Fax (818) 951-8816

THE SCRIPTS AND OTHER DOCUMENTS (NOVELS, MANUSCRIPTS, etc.) THAT YOU PROVIDE TO INKTIP.COM AT THIS OR ANY FUTURE TIME ARE ACCEPTED BY INKTIP.COM ONLY ON YOUR ACCEPTANCE OF THE FOLLOWING CONDITIONS:

1. Upon InkTip.com's acceptance, the screenplay, novel, manuscript, short screenplay, etc. ("Work") will be made available on InkTip.com's website to InkTip.com's registered subscribers ("Subscribers") who are agents, managers, producers and other industry professionals; it is understood and agreed that these Subscribers are third party beneficiaries of this Agreement.

2. Applicant represents and warrants that he/she is the author of the Work, and if not the author, has all necessary legal and equitable rights to the Work.

3. Applicant has retained at least one copy of the Work, as InkTip.com will not be responsible for any loss or destruction of the materials submitted to it. Applicant understands that it is his/her sole responsibility to protect the Work. In order to place anything on our website it must be registered. It should be filed or registered with a Writers Guild, Copyright Office, and/or other script protection organizations that are available around the world. You can register your work online now by selecting www.wga.org or www.writevault.com. It is fast and inexpensive. InkTip.com may, at its sole discretion, change the format and display of the Work on its website, and may discontinue the availability of the Work on its website at any time for any reason.

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4. Applicant, who attests that he/she is at least eighteen (18) years of age, has submitted the Work voluntarily and not in confidence. Applicant understands and agrees that no confidential relationship between Applicant and the author of the Work if not Applicant, and InkTip.com and/or its Subscribers is being created by this Agreement or by Applicant's submission of the Work.

5. Applicant represents and warrants to InkTip.com and its Subscribers that the Work to be submitted hereunder is original and that the Work will not contain defamatory or unlawful matter and will in no way infringe upon the copyright or violate the proprietary rights of any person whomsoever. The Applicant agrees to indemnify and hold InkTip.com and its Subscribers harmless from any suit, demand, or claim made against InkTip.com and/or its Subscribers by reason of any defamatory right, and the Applicant further agrees to pay any judgment or reasonable settlement offer resulting from any such suit, demand, or claim, and to pay any reasonable attorneys' fees incurred by InkTip.com and/or its Subscribers in defending against such suit, demand, or claim.

6. No obligation of any kind is assumed or may be implied against InkTip.com and/or its Subscribers, either as a result of this Agreement, or Applicant's submission of the Work. It is understood that InkTip.com and its Subscribers have access to and/or may create or have created literary materials and ideas which may be similar to the Work in theme, idea, plot, format or other respects. Applicant will not be entitled to any compensation or consideration because of the use of any such similar material that may have been independently created by a Subscriber or may have come to InkTip.com or any Subscriber from any independent source.

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7. InkTip.com does not itself develop or purchase written material, and exists for the sole purpose of facilitating introduction and interaction between writers and parties interested in developing written material. InkTip.com does not attest to or guarantee the validity of any Subscriber, or any subsequent agreements between Applicant and any Subscriber.

8. Except as otherwise provided in this Agreement, Applicant hereby releases InkTip.com from any and all claims, demands and liabilities that may arise in relation to the Work, or by reason of any claim now or hereafter made by Applicant that InkTip.com or any Subscriber has used or appropriated the Work. IN NO EVENT SHALL InkTip.com OR ITS SUBSCRIBERS BE RESPONSIBLE OR LIABLE TO APPLICANT FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR REVENUES OF APPLICANT, EVEN IF INKTIP.COM OR ITS SUBSCRIBERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The extent of InkTip.com's liability, if any, should otherwise be determined, shall be the amount of any sums paid InkTip.com by Applicant.

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9. All the terms and conditions of InkTip.com's Disclaimer Web Page are hereby incorporated into this Submission Release Agreement as if recited herein in full.

10. InkTip.com reserves the right to remove any Work from its website, with or without cause, with or without notice. If without cause, the Subscriber's fees shall be prorated accordingly.

11. It is understood that the way InkTip is able to entice new industry professionals to use InkTip is by promotion of InkTip results. Therefore, I promise to always inform InkTip of any relationship I form with any industry professional that was in any way found, heard about or nurtured through InkTip, so that InkTip can not only promote myself and my works, but also promote themselves. It is understood that this is a condition to using InkTip.

12. General Provisions:
(a) Entire Agreement: This Agreement contains the entire agreement of the parties hereto and supersedes any prior written or oral agreement between them respecting the subject matter contained herein. There are no other representations, agreements, arrangements, or other understandings, oral or written, between the parties hereto respecting the subject matter contained herein which are not fully expressed herein. This Agreement may be amended or modified only by written agreement signed by duly authorized representatives of all of the parties hereto.
(b) Waiver. Waiver of any default or breach of this Agreement or any warranty, representation, covenant, or obligation contained herein shall not be construed as a waiver of any subsequent breach.
(c) Severability. If any provision of this Agreement, or the application of it to any party or circumstance, is held to be invalid, the remainder of this Agreement, and the application of such provision to other parties or circumstances, shall not be affected thereby, the provisions of this Agreement being severable in any such instance.
(d) Titles and Headings. Titles and headings to paragraphs in this Agreement are for the purpose of reference only and shall in no way limit, define, or otherwise affect the provisions of it.
(e) Heirs. Except as otherwise provided herein, this Agreement is binding upon and inures to the benefit of all parties, their heirs, executors, administrators, assigns, successors in interest or other legal representatives.
(f) Notices. All notices and payments under this Agreement are to be in writing and delivered to InkTip.com at its postal address above and to Applicant at his/her postal address noted below, or such other address as either party may subsequently specify in writing to the other parties.
(g) Arbitration. Any controversy, dispute or claim arising out of the interpretation, performance or breach of this Agreement shall be resolved by binding arbitration, at the request of either party, in accordance with the Guidelines of the American Arbitration Association, in the City of Los Angeles, California. The arbitrators shall apply California substantive law and the California Evidence Code to the proceeding. The arbitrators shall have the power to grant all legal and equitable remedies and award compensatory damages provided by California law, including the power to award punitive damages. The arbitrators shall prepare in writing and provide to the parties an award including factual findings and the reasons on which the decision is based. The arbitrators shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected pursuant to California Code of Civil Procedure Sections 1286.2 or 1286.6 for any such error.
(h) Attorneys' Fees. If an action is brought for the purpose of enforcing, defending, or preventing a breach of this Agreement, the successful or prevailing party in any such proceeding shall be entitled, in addition to such other relief as may be granted, to recover reasonable attorneys' fees and costs of suit incurred in such proceeding.
(i) State Law. This Agreement shall be construed and enforceable according to the laws of the State of California for all purposes. Any action concerning this Agreement shall be brought in Los Angeles, California and the parties consent to service of process in California.

YOU MUST SIGN (we need an actual signature) THIS AGREEMENT, ANOTHER SEPARATE AGREEMENT MUST BE SIGNED BY ANY CO-AUTHOR(S) AND CO-OWNER(S) OF SUBMITTED WORKS, AND ALL PAGES (INCLUDING THOSE NOT SIGNED) EITHER FAXED, SCANNED AND EMAILED, OR MAILED BACK TO INKTIP.COM (see contact information above).

I UNDERSTAND AND AGREE TO THE ABOVE TERMS AND CONDITIONS:


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